‘Stand your ground’ law protects shooter in deadly fight over parking space: sheriff

[elwoodtrix]

The only reason we heard about this time was because this time he ****ed with the wrong guy.

I think the only reason we're hearing about it is because the guy that got shot was black and the shooter was white.

No riots in chicago.

 

[Dave70968]

Not trying to argue at all, but I have a question. I am guessing the above quote is a case to case thing?

Myself I have physical problems, I dont look as fragile as I am. If I were put on my butt, (like the shooter was) the only way for me to get up looks a lot like a drunken bear. Not kidding at all. I could see drawing my weapon, yet not firing unless the attacker were to come at me again. Hitting the ground like that guy did, I would be back in my wheelchair for a week or more.

Is my train of thought right about the situation being variable with each situation?

Yes. You take the plaintiff--or defender--as you find him (it's nicknamed the "eggshell plaintiff rule"). Your infirmities form part of the basis for your state of mind, whether known to your assailant or not. You can look like Hulk Hogan, but suffer from a disease that makes you as frail as his great-grandmother; because you know of your condition, it gives you reason to reasonably fear for your safety. You just need to be prepared to explain that condition, that rational basis, to the relevant parties (including, potentially, a jury). The standard is the reasonable man, not the average man; a reasonable man would certainly consider is own physical condition.

That cuts both ways, too: if you are Hulk Hogan, and your assailant is, well, me, then you're going to have a devil of a time convincing anybody that I was a bare-handed threat to you; frankly, he could curb-stomp my fat ass, even if I did get in a sucker punch to start.

 

[MacFromOK]

That cuts both ways, too: if you are Hulk Hogan, and your assailant is, well, me, then you're going to have a devil of a time convincing anybody that I was a bare-handed threat to you; frankly, he could curb-stomp my fat ass, even if I did get in a sucker punch to start.

Yeah, but he could just quote Shakespeare and say you're a lawyer...

 

[Dave70968]

Yeah, but he could just quote Shakespeare and say you're a lawyer...

...and discover that, while not readily apparent, I know Shakespeare better than him, and he was accidentally more apt than he knows: that line was delivered by a couple of criminals.

The "eggshell plaintiff" rule strikes again!

 

[MacFromOK]

Lol, you still da man...

 

[dennishoddy]

Yes. You take the plaintiff--or defender--as you find him (it's nicknamed the "eggshell plaintiff rule"). Your infirmities form part of the basis for your state of mind, whether known to your assailant or not. You can look like Hulk Hogan, but suffer from a disease that makes you as frail as his great-grandmother; because you know of your condition, it gives you reason to reasonably fear for your safety. You just need to be prepared to explain that condition, that rational basis, to the relevant parties (including, potentially, a jury). The standard is the reasonable man, not the average man; a reasonable man would certainly consider is own physical condition.

That's the definition of disparity of force in Oklahoma. Some roided out 30 year old takes on a senior, you have a disparity of force.
Lots of one punch kills in the history books from either the punch or the effects of falling from the punch.

 

[chuter]

OK, puny guy sucker punches Hulk Hogan, Hogan proceeds to kick his ass bare handed.
It's not long before puny guy figures Hulk is going to kill him with his bare hands, so puny guys pulls a gun and shoots Hulk.

Where does puny guy stand with the courts?

(I know, this is getting into the weeds quite a bit)

 

[Dave70968]

OK, puny guy sucker punches Hulk Hogan, Hogan proceeds to kick his ass bare handed.
It's not long before puny guy figures Hulk is going to kill him with his bare hands, so puny guys pulls a gun and shoots Hulk.

Where does puny guy stand with the courts?

(I know, this is getting into the weeds quite a bit)

In deep doo-doo. You don't get to claim self-defense when you initiate or escalate the combat. It might be knocked down to manslaughter instead of murder if Hulk's reaction was way over-the-top, but if you want the benefit of an affirmative defense, you have to come before the court with clean hands.

Now, if shrimpy had tripped and fallen into Hulk, completely accidentally and innocently, and Hulk had decided to smash, that'd be clean hands.

 

[chuter]

Example of one punch killing someone:
http://www.foxnews.com/us/2018/08/0...following-stepsister-wedding-reports-say.html

I'm old, and if some big young guy threatens to kick my ass and starts winding up, I figure there's a good chance I'm going to be seriously injured, disabled, or dead.

 

[dennishoddy]

Example of one punch killing someone:
http://www.foxnews.com/us/2018/08/0...following-stepsister-wedding-reports-say.html

I'm old, and if some big young guy threatens to kick my ass and starts winding up, I figure there's a good chance I'm going to be seriously injured, disabled, or dead.

One punch kills happen more than we think.
I’m not going to stand there and take it.